just my poor knowledge of consumer action. Thanks for the advice will pursue with my bank.

So you think a LBA, and MCOL directly to the gym is overkill to achieve the refund for the last three months?

Thanks for the prompt reply. This is a boutique gym (www.mvmt42.com) in West Sussex. To my knowledge this is the only site they operate. They charge monthly against a registered card, and include a three month notice in the contract. Payment type by DD is not offered. So I guess it a rolling three month contract. My issue here is the payments have already been collected. I have disputed with them January's payment as lockdown was imposed again and the services offered are radically different that what I signed up for (I.e. full gym access with equipment and coached classes vs zoom session at home). Since I now learn of the concept of frustrated contracts and the fact that since November it seems (correct me if I am wrong) that once lockdown restrictions were imposed, my contract ended as it was legally frustrated. Orignally I reached out to the gym to refund the January payment, but now I want to know whether in fact I am entitled to claim all three months back, based on the fact those payments have been collected out of contract.

Hi, was hoping some of the learned members here would be able to help me understand my position better with respects to a gym contract I have and the Law Reform (Frustrated Contracts) Act 1943. In November 2020 as the second national lockdown measures were announced, I was unwilling to continue to pay membership for a service I was unable to receive. The gym notice period was three months. I tried to speak to the owners regarding the fact that throughout November no services were being provided but they would not budge and held me to the three month notice to exit the contract. I subsequently learned of the Law Reform (Frustrated Contracts) Act 1943 and the CMA guidance (as detailed on gov uk Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds). As I read the guidance, when lockdown measures were introduced in November the contract became frustrated and ended. I also understand that no payment should have been taken and any upfront payments should be refunded (The gym takes payment for the month in lieu). I only learned of this legislation early January. Since then the gym have taken all three payments from me, despite again entering lockdown restrictions in January. FWIW since the moment I informed them I intended to exit the contract (first week of November 2020), I have not set foot in the gym. Am I right in thinking as the contract I had with the gym became 'frustrated' due to lockdown restrictions imposed in November, the contract ended. As such the gym shoudl not have taken any payments, and should now refund me all three payments taken from November 2020 - January 2021? Thanks in advance for any input you might have